C-25.1 - Code of Penal Procedure

Section 126 Disposition versions

2020-07-13

126. On the application of a person who has an interest in a document relating to a warrant, a telewarrant, an order provided for in article 141.5 or 141.6 or any other judicial authorization, the judge may, having regard in particular to the interests of justice and the right to privacy, make an order to fix conditions before allowing examination of such a document or part of it or to temporarily prohibit access to it until not later than the time the document is submitted as evidence in proceedings.

The order may not, however, affect the right of the person who made the search, the prosecutor, the person on whose premises the search was made, the person from whom a thing was seized or the defendant to have access to and examine the document.

Prior notice of not less than one clear day of the application must be served on the person who made the search and, where applicable, on the prosecutor.

1987, c. 96, a. 126; 2020, c. 12, s. 32.

1990-10-01

126. On the application of a person who has an interest in a document referred to in article 123, the judge may, having regard in particular to the interests of justice and the right to privacy, make an order to determine conditions prior to the examination of a document or part thereof or to temporarily prohibit access to it but only until the document is submitted as evidence in proceedings.

The order must not, however, prevent the exercise of the right of the person who made the search, the prosecutor, the person on whose premises the search was made, the person from whom a thing was seized or the defendant to have access to the document and to examine it.

Prior notice of not less than one clear day of the application must be served on the person who made the search and on the prosecutor.

1987, c. 96, a. 126.